SHORT TITLE

Marginal note:Short title

1. This Act may be cited as the Department of Human Resources and Skills Development Act.

INTERPRETATION

Marginal note:Definitions

2. The following definitions apply in this Act.

“Commission”

« Commission »

“Commission” means the Canada Employment Insurance Commission continued by section 20.

“Minister”

« ministre »

“Minister” means the Minister of Human Resources and Skills Development.

PART 1DEPARTMENT OF HUMAN RESOURCES AND SKILLS DEVELOPMENT

Establishment

Marginal note:Department established

• 3. (1) There is hereby established a department of the Government of Canada called the Department of Human Resources and Skills Development over which the Minister of Human Resources and Skills Development, appointed by commission under the Great Seal, shall preside.

• Marginal note:Human Resources and Skills Development Canada

  (2) The expressions “Human Resources and Skills Development Canada” and “Ressources humaines et Développement des compétences Canada” in any document issued or executed in relation to the powers, duties and functions conferred on the Minister by this or any other Act are deemed to be references to the “Department of Human Resources and Skills Development” and the “ministère des Res­sources humaines et du Développement des compétences”, respectively.

• Marginal note:Minister

  (3) The Minister holds office during pleasure and has the management and direction of the Department.

Marginal note:Deputy Minister

• 4. (1) The Governor in Council may appoint an officer called the Deputy Minister of Human Resources and Skills Development to hold office during pleasure and to be the deputy head of the Department.

• Marginal note:Associate Deputy Ministers

  (2) The Governor in Council may appoint one or more Associate Deputy Ministers of Human Resources and Skills Development to hold office during pleasure and each shall have the rank and status of a deputy head of a department and exercise, under the Deputy Minister of Human Resources and Skills Development, the powers and perform the duties and functions as deputies of the Minister and otherwise that the Minister may specify.

• Marginal note:Deputy Minister of Labour

  (3) The Governor in Council may designate the Deputy Minister of Human Resources and Skills Development or one of the Associate Deputy Ministers to be Deputy Minister of Labour.

Powers, Duties and Functions of the Minister

Marginal note:Powers, duties and functions

• 5. (1) The powers, duties and functions of the Minister extend to and include all matters relating to human resources and skills development in Canada over which Parliament has jurisdiction and which are not by law assigned to any other Minister, department, board or agency of the Government of Canada.

• Marginal note:Exercise of powers

  (2) The Minister shall exercise the powers and perform the duties and functions assigned by subsection (1) with a view to improving the standard of living and quality of life of all Canadians by promoting a highly skilled and mobile workforce and an efficient and inclusive labour market.

Marginal note:Powers

6. In exercising the powers and performing the duties or functions assigned to the Minister under this or any other Act, the Minister may

• (a) subject to the Statistics Act, collect, analyse, interpret, publish and distribute information relating to human resources and skills development; and

• (b) cooperate with provincial authorities with a view to coordinating efforts for human resources and skills development.

Marginal note:Programs

7. The Minister may, in exercising the powers and performing the duties and functions assigned by this Act, establish and implement programs designed to support projects or other activities that contribute to the development of the human resources of Canada and the skills of Canadians, and the Minister may make grants and contributions in support of the programs.

Interdepartmental Services

Marginal note:Services

• 8. (1) The Department and the Commission may provide services to, and receive services from, the Department of Social Development.

• Marginal note:Amounts recovered

  (2) The Minister may, with the approval of the Treasury Board, fix the amounts or the manner of determining the amounts to be recovered for services provided to the Department of Social Development. The amounts may not exceed the cost of providing the services.

• Marginal note:Amounts received

  (3) Subject to conditions imposed by the Treasury Board, any amounts received by the Department for services may be used by the Department for its purposes.

Committees

Marginal note:Committees

• 9. (1) The Minister may establish advisory and other committees and provide for their membership, duties, functions and operation.

• Marginal note:Remuneration

  (2) Members of a committee shall be paid, in connection with their work for the committee, the remuneration that may be fixed by the Governor in Council.

• Marginal note:Travel, living and other expenses

  (3) Members of a committee are entitled to be reimbursed, in accordance with Treasury Board directives, for the travel, living and other expenses incurred in connection with their work for the committee while absent, in the case of full-time members, from their ordinary place of work or, in the case of part-time members, from their ordinary place of residence.

General Provisions

Marginal note:Agreements

10. For the purpose of facilitating the formulation, coordination and implementation of any program or policy relating to the powers, duties and functions conferred by this Act, the Minister may enter into agreements with a province or a provincial public body, financial institutions and other persons or bodies that the Minister considers appropriate.

Marginal note:Delegation

11. The Minister may authorize the Minister of Labour, the Commission or any other person or body, or member of a class of persons or bodies, to exercise any power or perform any duty or function of the Minister.

Marginal note:Oaths and affidavits

12. A person or member of a class of persons employed by the Department and authorized by the Deputy Minister and any other person or member of a class of persons authorized by the Minister may, in the course of their duties, administer oaths and take and receive affidavits, declarations and affirmations for the purposes of or incidental to the performance of their duties, and every person so authorized has for those purposes all the powers of a commissioner for administering oaths or taking affidavits.

Marginal note:Fees for services and use of facilities

• 13. (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees to be paid for a service or the use of a facility provided by the Minister, the Department, the Commission or any other board or agency of the Government of Canada for which the Minister has responsibility.

• Marginal note:Amount not to exceed cost

  (2) Fees that are fixed under subsection (1) may not exceed the cost to Her Majesty in right of Canada of providing the service or the use of the facility.

Marginal note:Fees for products, rights and privileges

14. The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees to be paid for products, rights and privileges provided by the Minister, the Department, the Commission or any other board or agency of the Government of Canada for which the Minister has responsibility.

Marginal note:Fees for regulatory processes and approvals

• 15. (1) The Minister may, subject to any regulations that the Treasury Board may make for the purposes of this section, fix the fees to be paid for regulatory processes or approvals provided by the Minister, the Department, the Commission or any other board or agency of the Government of Canada for which the Minister has responsibility.

• Marginal note:Amount

  (2) Fees that are fixed under subsection (1) may not in the aggregate exceed an amount sufficient to compensate Her Majesty in right of Canada for any reasonable outlays incurred by Her Majesty for providing the regulatory processes or approvals.

Marginal note:Publication

• 16. (1) The Minister shall, within thirty days after the day on which the Minister fixes a fee under any of sections 13 to 15, publish the fee in the Canada Gazette.

• Marginal note:Reference to Scrutiny Committee

  (2) A fee fixed under any of sections 13 to 15 shall stand referred to the Committee referred to in section 19 of the Statutory Instruments Act to be reviewed and scrutinized as if it were a statutory instrument.

Marginal note:Power to make regulations

17. The Treasury Board may make regulations for the purposes of sections 13 to 15.

PART 2MINISTER OF LABOUR

Marginal note:Minister of Labour

• 18. (1) A Minister of Labour may be appointed by commission under the Great Seal to hold office during pleasure.

• Marginal note:Powers, duties and functions

  (2) The powers, duties and functions of the Minister of Labour extend to and include all matters relating to labour over which Parliament has jurisdiction and which are not by law assigned to any other department, board or agency of the Government of Canada. They are to be exercised with the objective of promoting safe, healthy, fair, stable, cooperative and productive workplaces.

• Marginal note:No Minister of Labour appointed

  (3) If no Minister of Labour is appointed under subsection (1),

  • (a) the Minister shall exercise the powers and perform the duties and functions of the Minister of Labour; and

  • (b) every reference to the Minister of Labour in any Act of Parliament or in any order, regulation or other instrument made under an Act of Parliament shall, unless the context otherwise requires, be read as a reference to the Minister.

• Marginal note:Use of departmental services and facilities

  (4) The Minister of Labour shall make use of the services and facilities of the Department and may authorize employees of the Department to exercise any power or perform any duty or function of the Minister of Labour.

Marginal note:Programs

19. The Minister of Labour may, in exercising the powers and performing the duties and functions assigned by subsection 18(2), establish and implement programs designed to support projects or other activities that promote safe, healthy, fair, stable, cooperative and productive workplaces, and the Minister may make grants and contributions in support of the programs.

PART 3CANADA EMPLOYMENT INSURANCE COMMISSION

Continuation of the Commission

Marginal note:Commission

• 20. (1) The Canada Employment Insurance Commission, consisting of four commissioners to be appointed by the Governor in Council, is continued.

• Marginal note:Commissioners

  (2) The four commissioners shall be

  • (a) the Deputy Minister of Human Resources and Skills Development, who shall be the Chairperson of the Commission;

  • (b) an Associate Deputy Minister, who shall be the Vice-Chairperson of the Commission;

  • (c) a person appointed after consultation with organizations representative of workers; and

  • (d) a person appointed after consultation with organizations representative of employers.

• Marginal note:Employment Insurance Canada

  (3) The expressions “Employment Insurance Canada” and “Assurance-emploi Canada” in any document issued or executed in relation to the matters set out in section 24 are deemed to be references to the “Canada Employment Insurance Commission” and the “Commission de l’assurance-emploi du Canada”, respectively.

Marginal note:Tenure, remuneration and conditions of office

• 21. (1) Commissioners, other than the Chairperson and Vice-Chairperson,

  • (a) shall be appointed by the Governor in Council to hold office during good behaviour for a term not exceeding five years but may be removed by the Governor in Council at any time for cause;

  • (b) are eligible for reappointment on the expiration of each term of office;

  • (c) shall receive the remuneration that is fixed by the Governor in Council;

  • (d) are deemed to be employed in the Public Service for the purposes of the Public Service Superannuation Act and to be employed in the public service of Canada for the purposes of the Government Employees Compensation Act and any regulations made pursuant to section 9 of the Aeronautics Act; and

  • (e) shall devote the whole of their time to the performance of the duties and functions of the office of commissioner and shall not accept or hold any office or employment or carry on any activity inconsistent with their duties and functions.

• Marginal note:Tenure, remuneration and conditions of office — acting

  (2) In the event of the absence or incapacity of a commissioner other than the Chairperson or Vice-Chairperson or if the office is vacant, the Governor in Council may designate a person to act as a commissioner for the period of the absence, incapacity or vacancy and the person so designated has and may exercise all the powers and perform all the duties and functions of a commissioner, unless the Governor in Council specifies otherwise.

Marginal note:Chairperson

• 22. (1) The Chairperson of the Commission is the chief executive officer of the Commission. The Chairperson supervises the work of the Commission and presides at its meetings.

• Marginal note:Vice-Chairperson

  (2) The Vice-Chairperson of the Commission exercises the powers and performs the duties and functions under the Chairperson that the Chairperson may specify.

• Marginal note:Acting Chairperson

  (3) In the event of the absence or incapacity of the Chairperson or if the office of Chairperson is vacant, the Vice-Chairperson has and may exercise all the powers and perform all the duties and functions of the Chairperson.

• Marginal note:Acting Vice-Chairperson

  (4) In the event of the absence or incapacity of the Vice-Chairperson, if the office of Vice-Chairperson is vacant or if the Vice-Chairperson is acting as Chairperson pursuant to subsection (3), the Governor in Council may designate a person to act as Vice-Chairperson for the period of the absence, incapacity or vacancy or the period during which the Vice-Chairperson is acting as Chairperson, and the person so designated has and may exercise all the powers and perform all the duties and functions of the Vice-Chairperson, unless the Governor in Council specifies otherwise.

Marginal note:Voting

23. The Vice-Chairperson may not vote at any meeting of the Commission unless the Vice-Chairperson is acting for or on behalf of the Chairperson.

Powers, Duties and Functions of the Commission

Marginal note:Powers, duties and functions of the Commission

• 24. (1) The Commission shall exercise the powers and perform the duties and functions

  • (a) that are required by the Minister or by or pursuant to an Act of Parliament in relation to employment insurance, employment services and the development and utilization of labour market resources; and

  • (b) that are required by order of the Governor in Council or by or pursuant to an Act of Parliament in relation to other matters.

• Marginal note:Agreements with other countries

  (2) With the approval by order of the Governor in Council, the Commission may, notwithstanding any other Act of Parliament, enter into agreements with the governments of other countries to establish reciprocal arrangements relating to any matter set out in subsection (1).

• Marginal note:Directions to Commission

  (3) The Commission shall comply with any directions given to it from time to time by the Minister respecting the exercise of its powers or the performance of its duties and functions.

Marginal note:Rules

• 25. (1) The Commission may make rules respecting the calling of meetings of the Commission and generally respecting the conduct of its business.

• Marginal note:Minutes of meetings

  (2) Minutes shall be recorded of all formal meetings of the Commission.

Marginal note:Agent of Her Majesty

• 26. (1) The Commission is a body corporate and is for all purposes an agent of Her Majesty in right of Canada and it may exercise its powers only as an agent of Her Majesty in that right.

• Marginal note:Contracts

  (2) The Commission may, on behalf of Her Majesty in right of Canada, enter into contracts in the name of Her Majesty or in the name of the Commission.

Organization and Operation of the Commission

Marginal note:Head office

• 27. (1) The head office of the Commission shall be in the National Capital Region as described in the schedule to the National Capital Act or at any other place in Canada that may be designated by order of the Governor in Council.

• Marginal note:Residence of commissioners

  (2) Each commissioner shall reside in the National Capital Region or at the place designated by the Governor in Council under subsection (1), or within reasonable commuting distance of that region or place.